Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in
Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Those caught out
The UK Expansion Worker visa is part of the Global Business Mobility route. It enables overseas businesses seeking to expand into the UK to temporarily
Bill Gates once said that your most unhappy customers are your greatest source of learning. If the same applies to the Home Office staff who
One of the most common UK immigration myths is that there is a maximum permitted stay of 180 days in a year (or six months
Owing a debt to the National Health Service is a ground for refusing applications for permission to enter or remain in the UK. Such debts
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if
A successful application for asylum or humanitarian protection in the UK results in the grant of five years’ permission to stay, on what is known
There is a UK visa for overseas domestic workers, first introduced in 2002. Although the Immigration Rules do not define “domestic workers”, the route is
People claiming asylum based on their sexual orientation, including homosexuality and bisexuality, may form part of a “particular social group” which qualifies for protection under
From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s
Yesterday brought about a new immigration route for international sportspeople aged 16 or over wishing to enter the UK. It is intended to create a
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the
The UK government’s policy is that Brexit will not affect Irish nationals at all. Other EU citizens have to apply for a new “settled status”
After the Hardial Singh principles, the Adults at Risk policy is the most important source of law for securing the release of people from immigration
This post explains the Hardial Singh principles, which are the most important limitation on the Home Office’s immigration detention powers. The Hardial Singh principles take
Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in
See this article on applying for settled status after the deadline, which was on 30 June 2021. On 31 January 2020 at 11pm, the United
Following the Conservative Party’s victory in the December 2019 general election, and the passing of the Withdrawal Agreement Act on 23 January 2020, the UK
You would be forgiven for thinking there are some special rights or privileges attached to being a British citizen. Politicians are fond of telling us
The Tier 1 (Investor) visa allows foreign citizens to get permission to live in the UK in return for an investment of £2 million in
A story hit the news over the weekend of two-year-old Lucy, the child of British parents who has been told by the Home Office that
As I was reviewing John Vassiliou’s excellent piece on Hong Kongers with British National Overseas status last week, I realised that we’ve never put together
People in immigration detention can make an application for Secretary of State bail directly to the Home Office. The Home Office has the same powers
When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when
It is a decade since the UK agreed to lift its immigration reservation to the UN Convention on the Rights of the Child, recognising that
In this blog post, Judith Reynolds, Research Associate at Cardiff University’s Centre for Language and Communication Research, offers immigration law practitioners some reflections and tips
Anybody over the age of ten who applies for registration or naturalisation as a British citizen needs to meet the so-called “good character requirement”. This
Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights.
If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right
Claiming asylum can be a traumatic experience. Having to relive the worst events in your life while you undergo a series of interviews and hearings
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to
In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has
The “Surinder Singh route” has become well known to British citizens seeking to be reunited with their family members. The toughening up of UK immigration
The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to
There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for
Back in January, we wrote about the case of Dr Syed Kazmi, a foreign doctor due to be removed from the UK because of a “HMRC
One of the interesting aspects of the ongoing national debate about Brexit is the prominent position occupied in the debate by the UK fishing industry.
Theresa May declared in an interview with the Telegraph in May 2012 that she wanted to create a “really hostile environment” for irregular migrants in the UK.
Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in primary legislation, the deportation of foreign criminals is in the public interest. The law in this area is rent through with politics, shifting relentlessly with...
Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Those caught out by these rules over the years include former boxer Mike Tyson, Duane “Dog the Bounty Hunter” Chapman, Tyler, the Creator and perhaps OJ Simpson. By...
The UK Expansion Worker visa is part of the Global Business Mobility route. It enables overseas businesses seeking to expand into the UK to temporarily assign senior managers and specialist employees, including business owners, to the UK to establish a British operation. Opening on 11 April 2022, it replaced the...
Bill Gates once said that your most unhappy customers are your greatest source of learning. If the same applies to the Home Office staff who have the unenviable job of fielding complaints about their colleagues from irate migrants and their lawyers, their enlightenment must rival that of any Renaissance polymath....
Owing a debt to the National Health Service is a ground for refusing applications for permission to enter or remain in the UK. Such debts arise because “overseas visitors” are charged for certain types of NHS treatment. The National Health Service (Charges to Overseas Visitors) Regulations 2015 (SI 2015 No....
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if this first, fundamental requirement isn’t met. Validity is a bit like oxygen: all things being well, it is invisible and unnoticeable. You only notice it...
A successful application for asylum or humanitarian protection in the UK results in the grant of five years’ permission to stay, on what is known as a “protection route”. People granted permission on a protection route then need to apply for settlement, or “indefinite leave to remain”, shortly before the...
There is a UK visa for overseas domestic workers, first introduced in 2002. Although the Immigration Rules do not define “domestic workers”, the route is typically used by nannies, cleaners, chauffeurs, cooks, personal carers and protection staff. The domestic worker route has undergone a number of changes over the years,...
People claiming asylum based on their sexual orientation, including homosexuality and bisexuality, may form part of a “particular social group” which qualifies for protection under the Refugee Convention. In deciding whether to accept an asylum claim, part of the Home Office caseworker’s job is to assess the person’s overall credibility....
Yesterday brought about a new immigration route for international sportspeople aged 16 or over wishing to enter the UK. It is intended to create a simplified visa arrangement for elite and internationally established sportspeople and sports coaches. Does it achieve this? Yes, insofar as we no longer need to consult...
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the economic exit at the year’s end have all come and gone. On 30 June 2021 comes another milestone: the deadline for EU residents and their...
The UK government’s policy is that Brexit will not affect Irish nationals at all. Other EU citizens have to apply for a new “settled status” or risk losing their right to live and work in the UK after June 2021. But the government’s position is that Irish people, whether existing...
After the Hardial Singh principles, the Adults at Risk policy is the most important source of law for securing the release of people from immigration detention. It provides a detailed framework for assessing the vulnerability of detainees and balancing vulnerability against the timetable for removal, the risk of absconding and...
This post explains the Hardial Singh principles, which are the most important limitation on the Home Office’s immigration detention powers. The Hardial Singh principles take their name from the case of R (Hardial Singh) v Governor of Durham Prison [1983] EWHC 1 (QB), an early immigration detention case. Lord Woolf...
See this article on applying for settled status after the deadline, which was on 30 June 2021. On 31 January 2020 at 11pm, the United Kingdom left the European Union and entered a transition period, due to end on 31 December 2020. During this transition period, Europeans can continue to...
Following the Conservative Party’s victory in the December 2019 general election, and the passing of the Withdrawal Agreement Act on 23 January 2020, the UK has now left the European Union with a divorce deal. Under the deal, formally called the Withdrawal Agreement, there is a transitional period running from...
You would be forgiven for thinking there are some special rights or privileges attached to being a British citizen. Politicians are fond of telling us how great it is to be British and how it is a privilege not a right. Our government charges foreign nationals a small fortune to...
As I was reviewing John Vassiliou’s excellent piece on Hong Kongers with British National Overseas status last week, I realised that we’ve never put together an explainer on the right of abode. A quick Google search showed up no great explanations either, so I thought it was time to try...
People in immigration detention can make an application for Secretary of State bail directly to the Home Office. The Home Office has the same powers as the immigration tribunal to grant bail and manage its conditions. Is it worth applying? An application to the Secretary of State for immigration bail...
When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when the appeal comes to an end? The person themselves, the tribunal, or the Home Office? In July 2017, Mr Justice McCloskey, President of the Upper...
It is a decade since the UK agreed to lift its immigration reservation to the UN Convention on the Rights of the Child, recognising that “migrant” children are, well, children too. Section 55 of the Borders, Citizenship and Immigration Act 2009 was enacted to this end, creating a duty for...
In this blog post, Judith Reynolds, Research Associate at Cardiff University’s Centre for Language and Communication Research, offers immigration law practitioners some reflections and tips for communicating with foreign language-speaking clients. As all legal practitioners are keenly aware, communicating effectively with clients is central to good legal practice. Being aware of...
Anybody over the age of ten who applies for registration or naturalisation as a British citizen needs to meet the so-called “good character requirement”. This is a mandatory requirement set out in the British Nationality Act 1981. Where a person is deemed by the Home Office not to be “of...
Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights. Usually they rely on Article 8 of the European Convention on Human Rights, which protects the right to private and family life. Article 8 is...
If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right of permanent residence, you have to meet certain requirements. For some people — chiefly those not working or self-employed — one of those requirements is...
Claiming asylum can be a traumatic experience. Having to relive the worst events in your life while you undergo a series of interviews and hearings is bad enough. It is even worse when Home Office officials are highly sceptical about a young person’s account, based on a selective or mistaken...
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to apply for naturalisation under section 6 of the British Nationality Act 1981 if they meet certain requirements. These include residence requirements. The basic residence requirement...
In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has been made subject to an order for deportation. It is adapted from our full online training course on deportation law, available to Free Movement members....
The “Surinder Singh route” has become well known to British citizens seeking to be reunited with their family members. The toughening up of UK immigration rules in July 2012 – particularly the introduction of the minimum income rule with its labyrinthine documentary requirements, and the awful elderly dependent relative rules...
The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or launch an application for judicial review? The problem seems all the more...
There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The latest immigration statistics show that Afghans are still outside the top five nationalities claiming asylum in the UK (excluding dependents). They also record that of...
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and had British children. She was elected a...
Back in January, we wrote about the case of Dr Syed Kazmi, a foreign doctor due to be removed from the UK because of a “HMRC tax issue” disqualifying him from settlement. Since then, many more refusals of settlement applications by highly skilled migrants — declined because of discrepancies between...
One of the interesting aspects of the ongoing national debate about Brexit is the prominent position occupied in the debate by the UK fishing industry. I would venture to say that maritime immigration control is a topic infrequently encountered even by Free Movement readers, and with the current focus on...
Theresa May declared in an interview with the Telegraph in May 2012 that she wanted to create a “really hostile environment” for irregular migrants in the UK. In this blog post we look at the evolution of the hostile environment, consider what measures fall within the overarching policy and examine the effects...
